Amend law to make necrophilia an offence, says HC (GS Paper 2, Health)
Why in news?
- Observing that the attendants appointed to guard the bodies in mortuaries of many government and private hospitals indulge in “sexual intercourse” on the bodies, the High Court of Karnataka has recommended that the Union government amend the Indian Penal Code (IPC) to bring necrophilia under the definition of offence of unnatural sex or introduce new provision in IPC to make necrophilia an offence.
Details:
- In the United Kingdom, Canada, New Zealand, and South Africa necrophilia is an offence under the law.
- In India no specific legislation is enacted, including under the provisions of IPC for the purpose of upholding dignity and protecting rights and crime against the body of the woman.
Case before HC?
- A Division Bench passed the order while acquitting Rangaraju from the charges of raping a 25-year-old woman after murdering her. The trial court in Tumakuru had convicted him for murder and sexually assaulting her body after murdering her.
- Though the High Court confirmed his conviction for murder, it set aside the conviction on the charges of rape while pointing out that the act of sexual assault on the dead body cannot be termed as rape under Sections 377 (unnatural sex) and 376 (rape) the IPC.
- Unfortunately these provisions of the IPC do not include the term ‘dead body,’ the Bench said while pointing out that necrophilia does not attract the provision of rape under Section 376 of IPC.
Guidelines issued by HC:
- Meanwhile, the Bench directed the State government to ensure CCTV cameras are installed, mortuaries are regularly cleaned so that body is preserved in a proper manner to maintain its dignity and that staff of mortuary are sensitised to handle bodies with care in the mortuaries of all the government and private hospitals, to prevent offence against dead, particularly of women, within six months.
- The postmortem room should not come under the direct line of sight of the general public/visitors for maintaining privacy; and mortuaries should have all basic infrastructure as per the Indian Public Health Standard guidelines for the district hospitals for management of the bodies.
Way Forward:
- It is high time the Union government, in order to maintain right to dignity of the dead person/woman, amend the provisions of Section 377 of IPC to include body of any man, woman or animal or introduce a separate provision as offence against dead woman as necrophilia or sadism” as has been done in other countries to ensure dignity of the dead person including woman.
OTT platforms mandated to show anti tobacco warnings
(GS Paper 2, Governance)
Why in news?
- On World No-Tobacco Day, Union Health Minister, released OTT guidelines for regulation of online depiction of Tobacco Products in online curated content.
- Publishers of online curated content that display tobacco products or their use will be required to comply with specific guidelines.
World No Tobacco Day 2023:
- World No Tobacco Day is observed on May 31 every year to highlight the risk associated with the use of tobacco.
- The theme of World No Tobacco Day 2023 is “We Need Food, Not Tobacco.”
Salient features of new rules issued for Anti-Tobacco warnings on OTT platforms:
Health spots, messages, and disclaimers:
- Publishers of online curated content that display tobacco products or their use will be required to comply with specific guidelines. These include the display of anti-tobacco health spots, lasting a minimum of thirty seconds each at the beginning and middle of the program.
- Furthermore, publishers must exhibit anti-tobacco health warnings as a prominent static message at the bottom of the screen during the display of tobacco products or their use.
- Additionally, an audio-visual disclaimer on the ill-effects of tobacco use, lasting a minimum of twenty seconds each, must be shown at the beginning and middle of the program.
Access to content:
- The health spots, messages, and disclaimers will be made available to the publisher of the online curated content on the website "mohfw.gov.in" or "ntcp.mohfw.gov.in."
Legibility and language:
- The anti-tobacco health warning message displayed as a static message must be legible and readable, with black font on a white background, and must include the warnings "Tobacco causes cancer" or "Tobacco kills."
- Furthermore, the health warning message, health spot, and audio-visual disclaimer should be in the same language as used in the online curated content.
Limitations on display:
- The display of tobacco products or their use in online curated content is prohibited from including the brands of cigarettes or other tobacco products or any form of tobacco product placement.
- Additionally, the display of tobacco products or their use in promotional materials is strictly prohibited.
Compliance:
- The failure to comply with the provisions outlined may result in action taken by an inter-ministerial committee comprising representatives from the Ministry of Health and Family Welfare, Ministry of Information and Broadcasting, and Ministry of Electronics and Information Technology either suo moto, or on receiving a complaint.
- The committee will identify the publisher of the online curated content, issue a notice providing a reasonable opportunity to explain the failure, and require appropriate modifications to the content.
